New Jersey Wage and Hour Attorneys
- Do you know your right to minimum wage as a New Jersey employee?
- Does your New Jersey employer owe you unpaid wages?
- Does your New Jersey superior claim you are “exempt” from overtime pay and benefits?
- Does your New Jersey supervisor treat you like an employee but claim on official documents that you are working as a consultant or independent contractor?
All too often, employers throughout the state of New Jersey abuse wage and hour regulations to save money and cut corners. Wage and hour violations occur across industries throughout Hoboken, Jersey City, Newark, and all throughout the state of New Jersey. It does not necessarily only affect the city employees, or service industries like employees working in nail salons, restaurants, and construction sites, it affects all industries! For instance, even hard-working individuals working in banking, IT, healthcare, and others.
Do you know your right to minimum wage as a New Jersey employee?
Minimum wage is the lowest hourly pay that employers cannot fall below. You have the right to a minimum wage rate! Subject to certain exceptions under the federal and state law, employees are entitled to the highest applicable minimum rate. Because New Jersey’s minimum wage is $8.60 per hour, it is thus higher than the federal minimum wage of $7.25 and New Jersey employees are entitled to the state minimum wage. Moreover, employees who regularly receive tips may be paid a lower minimum wage, as long as they earn enough in tips to make the minimum wage for each hour worked. If you didn’t receive the minimum wage in New Jersey, you can collect unpaid wages from your employer.
In New Jersey, unpaid overtime regulations are consistent with federal law. New Jersey employers must pay employees time-and-a-half when they work more than 40 hours in a work week. However, it is important to note that exempt employees are not entitled to overtime pay. If you didn’t receive the overtime rate, you can collect 50% of your regular rate per hour.
As mentioned, there are certain exemptions and not every type of employee is covered. For instance, the following employees are not covered by the minimum wage requirement:
- Full-time students employed by the college or university at which they are enrolled
- Learned Professionals
- Outside salespersons
- Persons working as companions for the elderly or sick individuals
- Persons under age 18, with some exceptions
- Volunteers or apprentices for charitable, religious, or educational organizations
- Members of religious orders (e.g. priests, nuns, monks, rabbis)
- Student learners enrolled in a School-To-Work program
- Employees of a summer camp operated by a religious or charitable organization that operate less than three months each year
- Tipped employees
- Handicapped individuals
If you didn’t receive the overtime rate, you can collect 50% of your regular rate per hour. New Jersey employers covered under overtime law cannot come up with elaborate schemes to avoid paying overtime. Thus, it is best to consult with a knowledgeable employment law attorney to learn your exact rights as a New Jersey employee.
What can I do today if I think my employer is violating my wage & hour rights?
An employee who knows his or her rights can not only stand up against abuses of his or her own rights but abuses of his or her coworkers’ rights as well. Employers who act unlawfully or violate their employees’ rights can, and should, suffer severe actions taken against them under both federal and state law.
First of all, get together all of your past paystubs and documents showing the hours you have worked each week for your New Jersey employer. The more records the better! If your employer did not keep such official records, you can also, start keeping track of the wage you have worked and are working now. You work too hard to not be paid every cent you earned. Keeping track of every minute you worked helps your wage and hour attorney analyze the facts of your particular case. You can use these helpful governmental links to guide you about keeping track of such records: https://www.dol.gov/whd/FLSAEmployeeCard/WrkHrsRecordkeeper.pdf and https://www.dol.gov/whd/FLSAEmployeeCard/calendarR5Web.pdf.
Second, when attempting to resolve grievances related to employment, it is best to consult with an employment law attorney, qualified to handle wage and hour claims, if prior informal discussions with one’s employer does not bring about a solution. And of course, if you are unsure about your precise rights, an employment law attorney can help you understand your rights as well. Thus, if you feel your employer is not paying you fairly under either federal law or New Jersey law, or the you have been subject to unlawful discrimination on the job contact one of our New Jersey attorneys at the Derek Smith Law Group, PLLC today for a free consultation!
Contact our experienced wage and hour attorneys in New Jersey
Wage and hour claims in New Jersey are very complex due to the many exceptions and calculations under the law. Our attorneys have years of experience litigating claims of employment issues, discriminatory conduct, and wage and hour claims. Our attorneys work together as a team and we have recovered millions on behalf of our clients who were cheated out of the money they earned and for individuals discriminated against at the workplace. If you feel like your employer is not following the law or that you have been discriminated against, please call us today at (800) 807-2209 or contact our New Jersey employment attorneys online by filling out the contact form at the top right of this page. We offer free consultations and would love to see how we can help you.